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Defauted loan, cosigner

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J

JuicyJ

Junior Member
What is the name of your state? CA

Hi, I have a problem with a "friend" whom I have cosigned for. Several years ago I cosigned for his student loan (Big Mistake) and now I find out that he has been defaulting on the payments and had filed for bankruptcy. There is no way that I will be able to afford to pay the debt. If I file for bankruptcy, can I take him to small claims court? Thanks.
 


S

seniorjudge

Senior Member
JuicyJ said:
What is the name of your state? CA

Hi, I have a problem with a "friend" whom I have cosigned for. Several years ago I cosigned for his student loan (Big Mistake) and now I find out that he has been defaulting on the payments and had filed for bankruptcy. There is no way that I will be able to afford to pay the debt. If I file for bankruptcy, can I take him to small claims court? Thanks.
Click to expand...
Student loans are not dischargeable in bankruptcy. Whether that applies to co-signers, I don't know.

But, if the debt will be discharged in bankruptcy, then why would you sue the other person in small claims court? What would you ask for?
 
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